What is the UK's plan to send asylum seekers to Rwanda?

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Home Secretary James Cleverly pictured in the Rwandan capital Kigali on 5 December 2023Image source, Getty Images

The UK government wants to send some asylum seekers to Rwanda.

It is proposing new laws to overcome legal obstacles, after the Supreme Court said its plan was unlawful.

What is the Rwanda asylum plan?

Under a five-year agreement, some asylum seekers arriving in the UK would be sent to Rwanda, to have their claims processed there.

If successful, they could be granted refugee status and allowed to stay. If not, they could apply to settle in Rwanda on other grounds, or seek asylum in another "safe third country".

No asylum seeker would be able to apply to return to the UK.

Anyone "entering the UK illegally" after 1 January 2022 could be sent to Rwanda, with no limit on numbers.

Ministers argue the plan would deter people from arriving in the UK on small boats across the English Channel.

However, when the scheme was first announced, the most senior Home Office civil servant said there was little evidence the effect would be "significant enough to make the policy value for money".

No asylum seeker has yet been sent to Rwanda, a small landlocked country in east-central Africa, 4,000 miles (6,500km) from the UK.

The first flight was scheduled to go in June 2022, but was cancelled after legal challenges.

What was the Supreme Court ruling and is Rwanda safe?

It said genuine refugees would be at risk of being returned to their home countries, where they could face harm.

This breaches the European Convention on Human Rights (ECHR), which prohibits torture and inhuman treatment. The UK is a signatory to the ECHR.

Judges said that in 2021, the UK government had itself criticised Rwanda over "extrajudicial killings, deaths in custody, enforced disappearances and torture".

They also highlighted a 2018 incident, when Rwandan police opened fire on protesting refugees.

What is in the new Rwanda bill?

After the Supreme Court ruling, the government introduced a new bill to make clear in UK law that Rwanda is a safe country.

The legislation - which must be approved by both Houses of Parliament - orders the courts to disregard key sections of the Human Rights Act, in an attempt to sidestep the Supreme Court's judgement.

It also orders the courts to disregard other British laws or international rules - such as the international Refugee Convention - that stand in the way of deportations to Rwanda.

Some MPs have criticised the legislation because they believe it breaks international law.

What is happening to the Rwanda bill in Parliament?

The bill was passed by the House of Commons on 17 January, despite opposition from some Conservative MPs.

It is now being voted on in the House of Lords, where it has faced opposition.

Prime Minister Rishi Sunak wants Rwanda flights to take off "as quickly as possible" and has urged the Lords to "do the right thing".

Any changes made by the Lords are likely to be overturned when the bill goes back to the House of Commons.

What does the new treaty with Rwanda say?

Home Secretary James Cleverley said it guarantees that anyone sent to Rwanda would not be at risk of being returned to their home country.

It says a new independent monitoring committee will ensure Rwanda complies with its obligations, and that British judges will be included in a new appeals process.

What will the Rwanda plan cost?

However, the total payment will be at least £370m over five years, according to the National Audit Office (NAO).

If more than 300 people are sent to Rwanda, the UK would pay a one-off sum of £120m into a fund to help the east African country's economy, with further payments of £20,000 per individual relocated.

On top of that, up to £150,000 will be paid for each person sent to Rwanda, the NAO report said.

The Home Office has said there would be no cost at all if the policy deterred asylum seekers from coming to the UK.

Image source, Reuters

Image caption,

Legal challenges meant the first Rwanda flight was cancelled shortly before take-off in June 2022

Mr Sunak claimed that the Rwanda plan will "literally save us billions in the long run" but did not explain the figures.

Failure to process asylum claims efficiently "has led to unacceptable costs to the taxpayer", a report by MPs said in October 2023.

Rwandan President Paul Kagame offered to return money paid by the UK if no asylum seekers were sent.

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